Retrospective effect?

Question

Say for example, a couple went through divorce proceedings in a foreign jurisdiction, at a time when divorce was illegalised in their own jurisdiction. But then, say the wife/the applicant wanted the relevant court in her State to vary the earlier orders of the foreign jurisdiction. Could the respondent claim that their own State's orders could have not have retrospective effect since their was no relevant legislation at the time?

Answer 1

It would be extremely unlikely that the court in her home State would have jurisdiction, or claim to have jurisdiction, to vary or amend the legal order of a foreign country.

Her recourse would be to invite her local court to consider an application concerning her marital status in her home State. What you can't do - save in very limited circumstances - is to argue that an order made outside the jurisdiction is of nil effect, without challenging the order in the foreign jurisdiction. You can't do it via the proxy of your home State.

Answer 2

Estoppel might apply on this case. Since you made it appear that you are already divorced, revocation of that status might hard to be overturned.